Bill of Rights - Article 4: Freedom of Expression

Question 1

VI

Pornographic materials in the form of tabloids, magazines and other printed materials, proliferate and are being sold openly in the streets of Masaya City. The City Mayor organized a task force which confiscated these materials. He then ordered that the materials be burned in public. Dominador, publisher of the magazine, “Plaything”, filed a suit, raising the following constitutional issues:

(a) the confiscation of the materials constituted an illegal search and seizure, because the same was done without a valid search warrant; and

(b) the confiscation, as well as the proposed destruction of the materials, is a denial of the right to disseminate information, and thus, violates the constitutional right to freedom of expression.

Is either or both contentions proper? Explain your answer.

Answer 1

(a) The confiscation of materials constituted an illegal search and seizure, because it was done without a valid search warrant. It cannot be justified as a valid warrantless search and seizure, because such search and seizure must have been an incident of a lawful arrest. There was no lawful arrest (Pita v. Court of Appeals, G.R. No. 80806, October 5, 1989).

(b) The argument of Dominador that pornographic materials are protected by the constitutional right to freedom of expression is erroneous. Obscenity is not protected expression (Fernando v. Court of Appeals, G.R. No. 159751, December 6, 2006). Section 2 of the Presidential Decree No. 969 requires the forfeiture and destruction of pornographic materials (Nograles v. People, G.R. No. 191080, November 21, 2011).